Westbrook Guilty On All Counts In Sex Assault Trial

November 15, 2013|By DAVID OWENS, dowens@courant.com, The Hartford Courant

MIDDLETOWN — Dr. Tory Westbrook, a family physician from Glastonbury, was convicted Friday of sexually assaulting five women who were his patients at the Community Health Center in Clinton.

A Superior Court jury in Middletown announced its verdict just before noon. Westbrook faces up to 44 years in prison at his sentencing Jan. 31.

Three of Westbrook's victims were in court to hear the verdict and, after the proceedings, watched as judicial marshals cuffed Westbrook's hands behind his back and led him into custody. He had been free on bail during the trial.

Judge David P. Gold increased Westbrook's bail for the five cases to $1.95 million. Charges are still pending against Westbrook in 14 more criminal cases, which include allegations of sexual assault, sale of narcotics and Medicaid fraud.

The three women and three men on the jury deliberated for about eight hours before reaching their verdict about 10:50 a.m. Friday. They found Westbrook, 45, guilty of four felony counts of second-degree sexual assault and four misdemeanor counts of fourth-degree sexual assault. The jury began deliberating Wednesday morning.

After the jury forewoman announced the first finding of guilty, defense attorney Norm Pattis placed his left hand on Westbrook's shoulder to comfort him. The guilty findings kept coming, and Westbrook and Pattis stood for about seven minutes as the forewoman announced each finding.

Pattis then asked that jurors be polled individually. While that took place, Westbrook leaned back in his chair, stared forward and held his chin with his right hand.

Westbrook's parents, sister and twin brother attended the trial and were in the courtroom as the jury forewoman said "guilty" eight times. They left without commenting.

Middlesex State's Attorney Peter McShane asked for Westbrook's bail to be increased to $3.2 million, saying that he no longer was "cloaked in the presumption of innocence." Pattis asked that bail remain as set, citing several potential avenues for appeal, including the joining of five separate cases, what he viewed as misapplication of the state's rape shield law and disagreement with several of Gold's decisions during the trial. Gold opted to increase bail.

After the verdict was read, McShane turned and shook hands with one of the victims, who was seated just behind him in the gallery. Assistant State's Attorney Brenda Hans hugged the woman and told her she had been strong. McShane met with the victims in private later.

Outside the courtroom, Pattis said, "We look forward to revisiting this on appeal." He repeated his assertion that the patients had a financial incentive to bring criminal and civil claims against his client.

As for the outstanding charges against Westbrook — there were 19 cases in all — Pattis said, "We'll try them one at a time. If the state thinks we're going to buckle, they're wrong."

"The verdict was loud and clear," McShane said outside the courthouse. He praised Clinton police, who investigated the allegations, and the five victims whose testimony convinced the jury that Westbrook's actions were criminal. Their "strength and courage" were key to the prosecution, he said.

As to Pattis' charge that the women had a financial incentive to file criminal and, in some cases, civil complaints against Westbrook, McShane said, "That was rejected out of hand by the jury with the verdict."

Westbrook's medical license has been suspended.

Christopher Morano, a former chief state's attorney who now has a private law practice in Essex and is representing about 15 of Westbrook's accusers, said that his clients were "relieved and happy to be believed ... and just glad this is over."

"There are really no winners here," he said. The victims "have been damaged by this. It has upset them. They have serious trust issues, especially with doctors."

In closing arguments Tuesday, McShane told the jury that Westbrook targeted women that he thought were weak and vulnerable. Westbrook, 45, of Glastonbury, was accused of inappropriately touching the women's breasts and pelvic areas during medical examinations.

Pattis told jurors that Westbrook's conduct was medically appropriate but that he failed to properly communicate what he was doing to the women. He also accused the accusers of colluding with civil attorneys to sue Westbrook.

"The problem here is a failure to communicate," Pattis said in his closing argument. "Nothing more, nothing less."